[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4954
To expand and improve access to trauma-informed mental health
interventions for newly arriving immigrants at the border, to alleviate
the stress of and provide education for border agents, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mrs. Napolitano (for herself, Ms. Norton, Ms. Bonamici, Mr. Grijalva,
Ms. Salinas, Mr. Vargas, and Ms. Garcia of Texas) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Homeland Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To expand and improve access to trauma-informed mental health
interventions for newly arriving immigrants at the border, to alleviate
the stress of and provide education for border agents, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigrants' Mental Health Act of
2023''.
SEC. 2. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES.
(a) Training To Identify Risk Factors and Warning Signs in
Immigrants and Refugees.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the Assistant Secretary
for Mental Health and Substance Use, the Administrator of the
Health Resources and Services Administration, and
nongovernmental experts in the delivery of health care in
humanitarian crises and in the delivery of health care to
children, shall develop and implement a training curriculum for
U.S. Customs and Border Protection agents and officers assigned
to U.S. Customs and Border Protection facilities to enable such
agents and officers to identify the risk factors and warning
signs in immigrants and refugees of mental health issues
relating to trauma.
(2) Requirements.--The training curriculum described in
paragraph (1) shall--
(A) apply to all U.S. Customs and Border Protection
agents and officers working at U.S. Customs and Border
Protection facilities;
(B) provide for crisis intervention using a trauma-
informed approach; and
(C) provide for mental health screenings for
immigrants and refugees arriving at the border in their
preferred language or with appropriate language
assistance.
(b) Training To Address Mental Health and Wellness of CBP Agents
and Officers.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the Assistant Secretary
for Mental Health and Substance Use, the Administrator of the
Health Resources and Services Administration, and
nongovernmental experts in the delivery of mental health care,
shall develop and implement a training curriculum for U.S.
Customs and Border Protection agents and officers assigned to
U.S. Customs and Border Protection facilities to address the
mental health and wellness of individuals working at such
facilities.
(2) Requirement.--The training curriculum described in
paragraph (1) shall be designed to help U.S. Customs and Border
Protection agents and officers working at U.S. Customs and
Border Protection facilities to--
(A) better manage their own stress and the stress
of their coworkers; and
(B) be more aware of the psychological pressures
experienced during their jobs.
(c) Annual Review of Training.--Beginning with respect to fiscal
year 2025, the Assistant Secretary for Mental Health and Substance Use
shall--
(1) conduct an annual review of the training implemented
pursuant to subsections (a) and (b); and
(2) submit the results of each such review, including any
recommendations for improvement of such training, to--
(A) the Commissioner of U.S. Customs and Border
Protection; and
(B) the Committees on Appropriations, Energy and
Commerce, Homeland Security, and the Judiciary of the
House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions,
and Homeland Security and Governmental Affairs of the
Senate.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated--
(1) for fiscal year 2024, $50,000 to develop the training
under subsections (a) and (b); and
(2) for each of fiscal years 2025 through 2029--
(A) $20,000 to implement such training pursuant to
subsections (a) and (b); and
(B) such sums as may be necessary to review and
make recommendations for such training pursuant to
subsection (c).
SEC. 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS.
(a) In General.--To adequately evaluate the mental health needs of
immigrants, refugees, border patrol agents, and staff, the Commissioner
of U.S. Customs and Border Protection shall assign at least one
qualified mental or behavioral health expert to each U.S. Customs and
Border Protection facility.
(b) Qualifications.--To be qualified for purposes of subsection
(a), a mental or behavioral health expert shall be--
(1) bilingual;
(2) well-versed in culturally appropriate and trauma-
informed interventions; and
(3) have particular expertise in child or adolescent mental
health or family mental health.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $3,000,000 for each of fiscal
years 2024 through 2028.
SEC. 4. NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL
HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION
HEARINGS, OR DEPORTATION PROCEEDINGS.
The officers, employees, and agents of the Department of Health and
Human Services, including the Office of Refugee Resettlement, may not
share with the Department of Homeland Security, and the officers,
employees, and agents of the Department of Homeland Security may not
request or receive from the Department of Health and Human Services,
for the purposes of an asylum determination, immigration hearing, or
deportation proceeding, any information or record that--
(1) concerns the mental health of an alien; and
(2) was obtained or produced by a mental or behavioral
health professional while the alien was in a shelter or
otherwise in the custody of the Federal Government.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``U.S. Customs and Border Protection
facility'' means any of the following facilities that typically
detain migrants on behalf of U.S. Customs and Border
Protection:
(A) U.S. Border Patrol stations.
(B) Ports of entry.
(C) Checkpoints.
(D) Forward operating bases.
(E) Secondary inspection areas.
(F) Short-term custody facilities.
(2) The term ``forward operating base'' means a permanent
facility established by U.S. Customs and Border Protection in
forward or remote locations, and designated as such by U.S.
Customs and Border Protection.
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